Constitutional convention bill advances despite time crunch, clarity concerns

Rep. Beau Beaullieu, R-New Iberia, is carrying legislation that sets up the framework for a constitutional convention. (Allison Allsop/Louisiana Illuminator)

Gov. Jeff Landry will discuss his push for a constitutional convention with reporters Thursday morning as the proposal to pull together lawmakers and his appointed delegates for a thorough update of the foundational document for state government advances in the Legislature.

The Landry administration’s point man for an update to the Louisiana Constitution used words such as “restructure” and “reorganize” — instead of “rewrite” — to explain the governor’s intentions Wednesday to a legislative committee. Even though the phraseology brought little comfort to Democrats on the panel, the legislation that sets up the framework for a constitutional convention advanced with Republican support. 

The House and Governmental Affair Committee capped three days of public hearings with a 9-5 party line vote to send House Bill 800 to the House floor. 

Its sponsor, Rep. Beau Beaullieu, R-New Iberia, brushed off concerns from colleagues who question the Legislature’s ability to proceed with their ongoing lawmaking session and simultaneously handle constitutional revisions. 

“I would argue that the timing is perfect and the timing is absolute if we’re going to make bold changes in Louisiana,” Beaullieu told the committee. 

His bill calls for the convention to begin May 20 and ideally end by June 3, which is when lawmakers have to end their session. If their work on the constitution isn’t complete, lawmakers can extend that deadline to July 15 at the latest. The mid-July date is essential so any constitutional changes can be placed before voters on the November ballot.

Senate President Cameron Henry has said his chamber does not intend to work on the constitution past June 3.

In addition to 105 House members and 39 state senators, Landry will appoint 27 delegates to the constitutional convention. They include Neil Abramson, a Democrat from New Orleans who repeatedly filed legislation to update the constitution when he was in the Louisiana House from 2009 to 2018. Even bills that focused only on small sections of the document failed to gain approval from  lawmakers.

Abramson presented Beaullieu’s bill Wednesday to the House and Governmental Affairs Committee, where he said the proposal’s intent is “not to change a word” but restructure the state charter. He labeled discussions over possible changes to the state homestead exemption and Minimum Foundation Program “scare tactics” meant to derail the convention.

Louisiana’s most recent rewrite of its constitution in 1974 included the homestead exemption, which drops the first $7,500 from the assessed value of a primary residence for property tax purposes.

The Minimum Foundation Program was added to the constitution in 1987. It established a per-student formula for distributing state money to K-12 schools. If it’s pulled from the constitution and turned into a regular state statute, some fear the Legislature could depart from a fair method of funding public schools.

Abramson said convention participants will have the option to place provisions into a “super statute” that would require a higher threshold for lawmakers to change, versus the more -consuming process for a statewide vote that constitutional amendments require.

Beaullieu amended his bill Wednesday to eliminate a provision that would have allowed the governor to fill in for any of his appointed delegates who couldn’t take part in the convention for health reasons. Instead, the governor can pick a replacement delegate.  

Despite Abramson’s assurances, the committee’s Democrats argued Landry’s hasty call for a constitutional convention severely limits the public’s opportunity for input. Rep. Denise Marcelle, D-Baton Rouge, said she’s troubled with the language in Beaullieu’s bill that allows contributions from private sources to help fund the convention. The same sources could also play a role in determining the outcome of any constitutional proposal on the fall ballot, she added.

“You and I have both been in politics long enough to know who has the money to spend can probably change, sway, put it on there in a way people don’t quite understand all of it, and they’re going to vote for it if that’s where the money’s being spent,” Marcelle said.

Abramson and Beaullieu said a predicted $500 million state revenue dip and the lack of a statewide election in 2025 require the constitutional update to happen now. Both insisted lawmakers could balance the demands of the legislative session with the added duties of a convention.

The first four articles of the Louisiana Constitution would be left intact, Abramson said. They cover the declaration of citizens’ rights, the distribution of powers within state government and executive and legislative branches. 

All other subject matter, starting with Article V on the judiciary, would be assigned to applicable legislative committees to decide what stays in the constitution, what’s eliminated and what’s put into state statute, according to Abramson.            

Some lawmakers have questioned whether all 177 delegates to the constitution would carry the same weight, with the power of 39 senators considered equal to 105 representatives and the governor’s 27 appointees. 

Abramson said the Senate, House and delegates would each vote separately on all constitutional proposals, with approval needed from all three in order to put the changes before voters. He did not detail how any disagreements among the three groups would be settled.

Those in favor of holding the constitutional convention as soon as possible appeared before the committee to urge passage of the Beaullieu bill. They included leaders from the Louisiana Association of Business and Industry (LABI), the conservative Pelican Institute and the Associated Builders and Contractors of Louisiana.

“I do believe that the people will be very much informing you as you go along through your deliberations, as a constitutional convention, as to what it is that they are concerned about … what it is that they want to see addressed,” LABI president Jim Patterson told lawmakers.

Alfreda Tillman Bester, general counsel for the NAACP’s Louisiana State Conference, urged the committee to slow down the process.    

“What’s the rush? We’ve been talking about this for 22 years, and now all of a sudden we have to do it in two weeks?” Bester said. “We can do better, Louisiana.”

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